Non-Montco jury for Cosby
Montgomery County Judge Steven T. O’Neill rules trial will take place in Norristown, but jurors will be from another PA county
Jurors from outside Montgomery County will decide the fate of entertainer Bill Cosby when his trial begins later this year for allegedly sexually assaulting a woman at his Cheltenham mansion in 2004, a judge ruled.
County Judge Steven T. O’Neill on Monday ruled jurors from another Pennsylvania county will be selected and then brought back to Montgomery County for Cosby’s June 5 trial. Those jurors also will be sequestered, the judge said, which will be at the county’s expense for the duration of the trial.
The Pennsylvania Supreme Court will have the sole discretion to designate the county from which a jury of Cosby’s peers will be selected. There is no timeline
for when the state court must make that choice and so it could be days or weeks until a final decision is known.
O’Neill denied a request by Cosby’s lawyers that he recommend the other county, implying there is no law that gives him the authority to make such a recommendation the state court.
While the judge approved a change of venire — selecting a jury from another county — he denied the more drastic request
by Cosby’s lawyers for a change of venue — essentially moving the entire trial to another county.
“I’m committed to ensuring a fair and impartial trial,” O’Neill said.
Cosby, wearing a mustard-colored overcoat, did not comment about the judge’s decision as he was escorted from the courthouse by his security entourage to a waiting sport utility vehicle.
William Henry Cosby Jr., 79, as his name appears on charging documents, faces three counts of aggravated indecent assault in connection with allegations he had inappropriate sexual contact with Andrea Constand, a former Temple University athletic department employee,
at his Cheltenham home after plying her with blue pills and wine sometime between mid-January and mid-February 2004.
During a nearly twohour hearing on Monday, defense lawyers Brian J. McMonagle and Angela C. Agrusa, asked the judge to move Cosby’s trial to another county, claiming that closer to home prospective jurors have been subjected to pervasive negative media coverage that “vilified an American icon” making it impossible to select a fair jury in Montgomery County.
“They have in fact demonized this man,” McMonagle argued as he unleashed a blistering rebuke of the media. “Unless you’ve
been living under a rock… the message that has been promoted, in an insidious fashion, is that Bill Cosby is guilty and that Bill Cosby is a serial rapist.
“The international media decided to be the judge, jury and executioner of Mr. Cosby’s reputation. I do not believe there is any place in this country that he can receive a fair trial. I hope I’m wrong,” added McMonagle, who described the media coverage as “a smear campaign across the globe.”
McMonagle further requested that if the judge rejected a change of venue but agreed to a change of venire, that the judge recommend a county such as Philadelphia or Allegheny for the selection process.
“The larger the population base the more likely we can find unaffected voters,” claimed McMonagle, who prosecutors accused of shopping for a jury pool from a county with a population in excess of 1.2 million people.
Assistant District Attorney M. Stewart Ryan, conceding the media coverage was extensive in Montgomery County where Cosby
lived, agreed to select a jury from another county but opposed moving the entire trial to another county.
“We want this case to go to trial. We’re prepared to put this case before a jury,” Ryan told the judge.
Ryan downplayed what he called McMonagle’s “excoriation of the media” and attempt to lay the faults of Cosby “at their feet.”
“It’s easy to blame the media…but that’s not the point of today’s hearing,” Ryan argued.
Ryan also opposed Cosby’s request that the judge recommend Philadelphia or Allegheny counties for the jury pool, arguing Cosby is not entitled to a specific venire that he perceives as more favorable.
“It’s not just short on the law, but short on logic,” Ryan said about McMonagle’s suggestion unbiased jurors couldn’t be selected from counties with smaller populations.
In his request to move Cosby’s trial to another county, McMonagle also claimed some of the worldwide negative publicity he received was a result of
District Attorney Kevin R. Steele using Cosby “as a political pawn” in his campaign for district attorney in November 2015. McMonagle argued Steele aired a campaign ad attacking former district attorney and political opponent Bruce L. Castor Jr. for not pressing charges when the Cosby investigation was before him in 2005.
Steele previously responded in court papers that Cosby’s concerns about a campaign ad and local publicity may be satisfied by a judge’s decision to select the jury from another county.
The charges were lodged against Cosby on Dec. 30, 2015, before the 12-year statute of limitations to file charges expired.
The newspaper does not normally identify victims of sex crimes without their consent but is using Constand’s name because she has identified herself publicly.
Cosby remains free on 10 percent of $1 million bail. If convicted of the charges at trial, the former sitcom star faces a possible maximum sentence of 15 to 30 years in prison.
“We want this case to go to trial. We’re prepared to put this case before a jury.” — Montgomery County Assistant District Attorney M. Stewart Ryan “They have in fact demonized this man. Unless you’ve been living under a rock … the message that has been promoted, in an insidious fashion, is that Bill Cosby is guilty and that Bill Cosby is a serial rapist.” — defense lawyer Brian J. McMonagle